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GENESEE TRACT 

CESSIONS BETWEEN NEW YORK AND 



THE PHELPS AND COR HAM PURCHASE 
ROBERT MORRIS. 
CAPTAIN CHARLES WILLIAMSON AND 
° THE PULTENEY ESTATE. 



~ BY 

CKEO- S- C03Sr0V-35^ 

GENEVA, ONTARIO CO., N. V 
1889. 




THE GENESEE TRACT. 



CESSIONS BETWEEN NEW YORK AND MASSA- 
CHUSETTS-THE PHELPS AND GORHAM 
PURCHASE -ROBERT MORRIS-CAPTAIN 
CHARLES WILLIAMSON AND THE PULTE- 
NEY ESTATE. 



By GEO. S. CONOVER, Geneva, N. Y., November, 1889. 



Under grants from the British King, the Commonwealth of Massachu- 
setts and the State of New York both claimed the ownership of the larger 
share of the territory lying within the bounds of New York. The matter 
was finally settled by commissioners appointed by both States, who met 
together at Hartford, Conn., November 30, 1786, and after several con- 
ferences did, on the 16th December, 1786, enter into and execute an agree- 
ment or contract embracing mutual cessions, grants, releases and provisions 
whereby all the interfering claims and controversies between said States, 
as well in respect of jurisdiction as property, were finally settled and ex- 
tinguished, and peace and harmony established between them on the most 
solid foundation. By the settlement thus effected, New York obtained 
the right of government, sovereignty and jurisdiction over all the lands 
in dispute, and to Massachusetts was ceded the right of pre-emption of 
the soil from the native Indians to about 230,400 acres north of Pennsyl- 
vania, between the Owego and Chenango rivers, commonly called the 
Massachusetts Ten Townships, and also to all the lands in New York west 
of a line beginning at the 8 2d mile stone on the north bounds of Pennsyl- 
vania and running on a due meridian north to Lake Ontario, except one 
mile in width along the Niagara river. 

Massachusetts soon disposed of the Ten Townships, and on the 1st of 
April, 1788, by act of legislature, agreed to sell to Nathaniel Gorhani and 
Oliver Phelps the right of pre-emption from the native Indians to the 
remainder of the lands embraced in the cession, for the sum of three hun- 
dred thousand pounds in three annual installments, payment to be made 
in the "consolidated securities" of Massachusetts. Negotiations were 
soon held with the Indians, and at a council held at Buffalo creek a treaty 
was concluded on the 8th of July, 1788, by which Phelps and Gorham 
obtained the Indian title to all the lands the Indians would sell, estimated 
at 2,200,000 acres, agreeing to pay therefor $5,000 and an annuity of §500. 
This Indian grant was confirmed by the legislature of Massachusetts by 
act passed November 2, 1788. The purchase thus made was bounded on 
the north by Lake Ontario, on the east by the line of cession to Massachu- 
setts commonly called the Pre-emption line, on the south by Pennsylvania. 



on the west by a meridian line to be run from Pennsylvania to the conflu- 
ence of the Canaseraga creek and the Genesee river, and northerly along 
the- Genesee river to a point two miles north of Canawagus Indian village 
(near Avon), thence west twelve miles, thence northerly and twelve miles 
distant from the Genesee river to Lake Ontario. 

This became known as the " Genesee Tract " and was all the land that 
Phelps and Gorham ever procured. In consequence of the rise in price 
of Massachusetts paper, which was worth only twenty cents to the dollar 
at the time of the purchase, and from other causes, they were unable to 
make the payments required by their contract, and finally compromised 
with Massachusetts and surrendered their claim to that portion of the ter- 
ritory the Indian title of which they had not obtained, which was after- 
wards sold by Massachusetts to the agent of Robert Morris. The Phelps 
and Gorham purchase, known as the Genesee Tract, was surveyed and 
run out into townships by Col. Hugh Maxwell and others, who commenced 
the survey in 1788 and finished the work in 1789. Early in 1789 a land 
office was opened at Canandaigua and the lands of the Genesee Tract put 
upon ths market. The sales, however, did not come up to expectation, 
for although several townships and parts of townships were sold, they 
were mainly taken by those who had an interest as shareholders and at 
very low prices. Phelps and Gorham soon finding themselves in further 
financial difficulties, in their embarrassment they applied to Robert Mor- 
ris, the eminent financier of the United States during the Revolutionary 
war, and he having already commenced speculating in lands, on the 10th 
of August, 1790, became the purchaser of all the unsold lands in the Gen- 
esee Tract, except Township No. 10 of the 3d range, and No. 9 of the 7th 
range, comprising about 47,000 acres, which Phelps and Gorham retained 
for their own use. 

The purchase of the Genesee tract was consummated by the conveyance 
by deed of the property by Phelps and Gorham and their wives to Robert 
Morris, dated November 18, 1790, and by articles of agreement at that 
time it was stipulated that the tract should contain at least one million 
acres of land, payment for which was then made, and for any surplus over 
said amount further payment was to be made after the contents of the 
tract should be accurately ascertained. Mr. Morris soon employed Major 
Adam Hoops to cause a re-survey of the tract to be made. This work 
was performed during the years 1791-2, Frederick Saxton, John Adlum, 
Augustus Porter, Thomas Davis, Robert James and Morgan Jones being 
the surveyors who assisted Major Hoops in the work, the calculations being 
mainly made by Major Hoops and Mr. Saxton. The old pre-emption line 
as run by Col. Hugh Maxwell in 1788 having been surveyed with very 
primitive instruments was known to be erroneous and a new line was run 
in November and December, 1792, by Benjamin Ellicott assisted by James 
Armstrong, Frederick Saxton and. Augustus Porter, and which was sur- 
veyed with such accuracy that its correctness has never been questioned. 
The offsets of the old line were made by Morgan Jones, Augustus Porter 
and Frederick Saxton. It was not, however, adopted by the State until 
April G, 1796. It forms the eastern boundary of the purchase; commences 
at the 82d mile stone on the north bounds of Pennsylvania, enters Seneca 
lake some two or three miles north of Dresden, and passing out of the 
north end of the lake at Pre-emption street it runs due north to Sodus 



Bay. Although a meridian or true north and south line it is not the 
meridian of Washington as some have supposed, that meridian line being 
some four miles further west. 

By the " Return of Survey " made at Philadelphia, by Major Adam 
Hoops, it was ascertained that the actual contents of Mr. Morris' purchase 
was one million two hundred and sixty-seven thousand five hundred and 
sixty-nine acres, two roods and thirty perches, and from the final settle- 
ment made between the parties, at Philadelphia, February 16, 1793, we 
learn that the full number of acres as per the " Return of Survey," which 
included the Gore between the old and new pre-emption lines, was paid 
for and that the price paid by Mr. Morris was eight pence half penny per 
acre, Massachusetts currency, or between eleven and twelve cents per acre 
in United States money, the settlement paper being signed by Nathaniel 
Gorham, Oliver Phelps, Robert Morris, and also by Charles Williamson 
to show his privity to the transaction. 

Previous to this time, however, and in the early part of the year 1791, 
this great tract of land had been sold by the London agent of Robert 
Morris to some English capitalists, Sir William Pulteney taking a nine 
twelfth interest, William Hornby two twelfths, and Patrick Colquhoun 
one twelfth. Soon after the purchase, Charles Williamson, a Scotchman 
by birth, then residing in Great Britain, entered into an agreement with 
the purchasers to proceed to America as their agent, to settle on the Gen- 
esee tract, to sell the lands and remit the proceeds to London. Soon after 
his appointment, Captain Williamson came to Amierca, and after becoming 
a naturalized citizen he obtained from Robert Morris and his wife an ab- 
solute conveyance of the Genesee tract to himself in fee, after which he 
proceeded to settle on the tract and commenced operations for bringing the 
lands into market. The deed of conveyance from Morris to Williamson 
is dated April 11, 1792, the consideration named therein being seventy-five 
thousand pounds sterling. The pound sterling, lawful money of Great 
Britain, was at that time rated at 4s 6d to the dollar, the conventional 
rate of exchange being $4.44 4-9 to the pound, and this rate of value was 
maintained for many years. From this it will be seen that the price paid 
by Sir William and his associates for the Genesee Tract was $333,333.33, 
being about twenty-six and one-third cents per acre. 

At the time when Captain Williamson commenced his operations a dan- 
gerous spirit of speculation pervaded, which gave rise to extravagant 
schemes for making large fortunes in a short time. Captain Williamson's 
temper being of a sanguine cast, he soon appeared among the number of 
speculators. Expending large sums in projects for improving the Gene- 
see Tract, he also made purchases of other tracts, while many of his sales 
being made to men without capital or credit, and at prices above the real 
value, in the course of time, from the poverty of the buyers and the ex- 
tent of their purchases, often turned out ideal. During this time, in order 
to meet his engagements, Captain Williamson occasionally drew bills on 
Sir William Pulteney and Mr. Hornby, who for several years were in the 
practice of paying them. At length, however, the bills increased in num- 
bers and sums to a degree that was alarming, because it proved oppres- 
sive, and the further acceptance of the bills was consequently refused. 
This led to an attempt at a final settlement, negotiations for which were 
commenced in 1800 and finally consummated early in the next year, Wil- 



liamson conveying title to Sir William Pulteney, Mr. Hornby and Mr. Col- 
quhoun, according to their respective shares and interests, under an "Act 
to enable aliens to purchase and hold real estate within this state under 
certain restrictions therein mentioned," passed April 2, 1798, which act 
was limited in duration for the term of three years. 

The foregoing facts relating to the connection of Charles Williamson with the Gene- 
see Tract, his operations in this country and final settlement with his principals are 
principally derived from a printed pamphlet, kindly furnished by Mr, Edward Kingsland, 
entitled, "In the Court of Chancery between Sir John L. Johnstone, Complainant, and 
Sir James Pulteney, Sir Thomas Jones, Chrietoper Coddrington, Robert Troup. Mary 
Poster and Andrew Craigie, Defendants. Case, both on the part of t lie (Complainant 
and of the Defendants.' 7 It is a statement of facts in a suit brought between the owners 
of the real and of the personal estate branches of the Pulteney estate, to ascertain which 
party was liable for the payment of a large bond and mortgage given by Williamson for 
the purchase of a large tract of land, and agreed upon, signed and submitted January 
4. 1 S 1 1 , by Richard Hanson and Josiah 0. Hoffman of Counsel for the complainant, and 
Thomas Addis Emmett and John Wells of counsel for the defendants. 

In relation to this matter Turner's "Phelps and Gorham Purchase," 
page 274, says: — "Seldom, if ever, have property holders advanced larger 
amounts for improvements, or more freely at first, though they began to 
be impatient after a few years had gone by, and the returns of their im- 
mense outlays were coming in but slowly to replenish their coffers. In 
1800, the balance sheets did not look well for their Genesee country enter- 
prise. There had been expended for purchase money of lands, agencies 
and improvements, $1,374,470.10. There had been received for lands 
old but $147,974.83. In addition to this balance against them they owed 
of principal and interest upon lands purchased over $300,000. To make 
all this look better, however, they had an immense amount of unsold lands, 
farms and mills, and an immense debt due for lands sold." 

In the settlement that was affected between the parties, Williamson 
conveyed, by deed dated December 13, 1800, certain described lands to his 
principals conditionally upon the payment to him of the following amounts 
at certain and sundry stipulated times: 

By Sir William Pulteney $212,954.45 

By William Hornby 57,323.25 

By Patrick Colquhoun 4,722.30 

In consideration of deeds dated March, 1801, by which Williamson con- 
veyed in full all the balance of the property to Sir William Pulteney, the 
latter obligated himself: 

1st, to accept and pay certain bills of exchange amounting to $24,702.22. 

2d, to indemnify Williamson against certain bonds and morgages given 
for the purchase of land, particularly two dated 1st December, 1796, each 
conditioned for $62,500, by Williamson and Thomas Morris to Andrew 
Craigie, payable October 8, 1802, with seven per cent, interest given for 
the purchase of one-half of the "Craigie Tract," west of the Genesee river; 
also one dated September 2, 1800, conditioned for the payment of $10,000 
to George Wray, payable in three years with seven per cent, interest, 
signed also by Dudley Walsh as security; also the balance of a bond and 
mortgage, 13th January, 1796, to John Joy, and carrying seven per cent, 
interest. 

3d, to pay Williamson in three years after the first of April, 1801, the 
sum of £20,000 sterling with five per cent, interest, as compensation for 



his services in managing the concerns of the agency, called the Genesee 
Association, $88,888.88. 

Also, to pay debts contracted by Williamson by reason of his manage- 
ment of said concerns to the amount of £15,000 or such lesser sum as shall 
be proved to have been fairly existing at the date of the proposed settle- 
ment in March, 1801, $66,666.66. 

Also releases and discharges Williamson from all claims and demands 
against him prior to April 1, 18C1. 

The items of the above statement are taken from the deeds and papers 
recorded in the office of the Secretary of State, Albany, N. Y., and with 
one exception they correspond with the statement in the law case, pre- 
viously alluded to, the item $66,666.66 not being therein mentioned, but 
another item is found "to pay Mr. Williamson the further sum of $17,777,- 
77 to cover floating debts against him, a particular account of which he 
could not render." 

The following interesting account of Capt. Charles Williamson's settle- 
ment with his principals has been kindly furnished by that able and inde- 
fatigable investigator, Ansel J. McCall, Bath, Steuben Co., N. Y. 

Among Capt. Williamson's papers an adjusted statement, between him 
and his principals, has been found and is as follows: 
Amount of bonds and mortgages assigned to Sir Wm. 

Pulteney, December 18, 1800 $322,087.57 

Amount of bonds and mortgages assigned in March, 1801 134,307.00 

Amount of notes assigned in March, 1801 17,803.61 

Amount of bonds and mortgages assigned to William 

Hornby, December 13, 1800 71,600.13 

Amount of bonds and mortgages assigned to P. Colqu- 

houn, December 13, 1800 5,901.46 

$551,699.77 

VALUATION OF 

Amount of lands conveyed to William Pulteney in Ontario 

county $1,588,708,50 

Amount of lands conveyed to William Pulteney in Steuben 

county ". . 1,018,973.75 

$2,607,682.25 
Amount of lands conveyed to William Hornby in Ontario 

county $157,118.43 

Amount of lands conveyed to William Hornby in Steuben 

county 193,806.00 

$350,924.43 
Amount of lands conveyed to P. Colquhoun in Ontario 

county $25,453.13 

Amount of lands conveyed to P. Colquhoun in Steuben 

county 11,735.00 

$37,188.13 
Whole amount conveyed valued at $3,547,494.58 



6 

The above lands were valued by Gen. Hall and Israel Chapin of Ontario 
county and Judge Annin of Cayuga county, and Judge Kersey, Judge 
Hornell and Sheriff Wilson of Steuben county, who granted the certificate 
of valuation. C. Williamson. 

There appears to have been some disatisfaction, a few years afterwards, 
in relation to the settlement with Capt. Williamson, as appears from an 
opinion in the handwriting of Alexander Hamilton, now in the possession 
of the Corning Library Association, a copy of which was made for the 
writer by Theo. Sill, Esq. of Geneva. The following are the principal 
points in the opinion: "The valuators or appraisers were plainly the agents 
not of Mr. Williamson, but of Sir William Pulteney and his co-proprietors; 
consequently Mr. Williamson cannot be answerable for any error that 
they may have committed unless there was some fault on his part." All 
that Williamson did was to furnish the appraisers with a list of the lands, 
without assisting or interfering in their deliberations; "it was the real 
intention to adjust and terminate by compromise all antecedent concerns 
whatever between the parties, according to a gross estimate of a sum or 
round numbers, which Mr. Williamson thought himself entitled to expect 
and which Sir William Pulteney under all the circumstances of the case 
was willing to allow. And we are assured that in one or more instances 
the full and general operation of the Release in conformity with this in- 
tention, has been, by Mr. Troup, the agent of Sir William Pulteney, op- 
posed to some collateral pretensions of Mr. Williamson." The Release 
not being broader than the intention and as the mistakes if any, of the 
valuators, was not the fault of Williamson, Sir William has no legal remedy 
for any exceptions he may now take and the operation of the Release is 
"such as to bar Sir William Pulteney for all claim against Mr. Williamson 
for re-imbursements." 

The title of the Genesee Tract having been conveyed by Charles 
Williamson to his principals, John Johnstone became the agent of the 
Hornby and Colquhoun estates, and upon his decease John Greig of Can- 
andaigua was appointed his successor, his first power of attorney being 
dated May 2, 1806. 

Robert Troup was the attorney of Sir William Pulteney in effecting the 
settlement with Williamson, and to his surprise received a full power of 
attorney, dated July 20, 1801, to act as the permanent agent for making 
contracts and sales, to grant and execute conveyances and all necessary 
papers and to receive, make, and account for all payments made to or by 
him. At first he absolutely refused the agency but finally was persuaded 
to accept and commenced his duties in September, 1801. Sir William 
Pulteney died intestate, May 13, 1805, and the property descended to his 
only child, Henrietta Laura, the Countess of Bath; she died July 14, 1808, 
intestate as to her real estate, and that px-operty descended to Sir John 
Lowther Johnstone, her cousin and heir at law; he died August 7, 1811, 
leaving a will under the powers of trust in which the management of the 
property has continued until this day. Col. Troup continued in the agen- 
cy until his death, which occured January 14, 1832, and was succeeded by 
Joseph Fellows, who in turn was succeeded by Benjamin F. Young, whose 
first power of attorney as full agent is dated February 14, 1862. This 
part of the Pulteney estate was very much the largest and might very 



properly be called the Johnstone branch. Mr. Young continues the 
agency yet at Bath, Steuben county. 

Henrietta Laura Pulteney, the Countess of Bath, wife of Sir James Pul- 
teney, having died without issue and intestate as to her real estate, by 
virtue of a power contained in articles of agreement July 23, 1794, previous 
to her marriage with Sir James Murray (who upon his marriage took the 
surname of Pulteney,) made and executed her will November 5, 1794, dis- 
posing of her personal estate in America, bequeathing the same for the 
benefit of Mrs. Elizabeth Markham, the wife of Rev. George Markham, 
afterwards the wife and widow of John Pulteney, and her children. The 
personal estate in America consisted of monies due and to become due on 
sales of real estate by contracts of purchase and by bonds and mortgages 
taken on such sales. Elizabeth Evelyn Pulteney died March 18, 1856, 
leaving a will, bequeathing to her son, the Rev. Richard Thomas Pulteney 
Pulteney, the residuary personal estate of the Countess of Bath, for his 
absolute benefit, and appointing him the executor of said will. Upon the 
death of the Countess of Bath the legal title to the contracted lands in 
America passed to Sir John Lowther J ohnstone who, during his lifetime, 
held said title as trustee for Mrs. E. E. Pulteney and her children, in 
respect to the purchase monies arising from the contracts of sale, the same 
action being continued by the Trustees under his will, their agents in 
America, Robert Troup and his successor, Joseph Fellows, fulfilling the 
contracts of sale, by executing deeds for said lands, on the payments of 
purchase monies, which were accounted for and paid over to Mrs. Pulteney, 
and afterwards to her son and legatee, Rev. R. T. P. Pulteney. By in- 
denture dated September 10, 1862, the trustees under the will of Sir John 
Johnstone conveyed to Richard Thomas Pulteney Pulteney the title to the 
lands at that time affected by the contracts aforementioned, and thus this 
might properly be called the Pulteney branch of the Pulteney estate. 

The title having become fully vested in Rev. R. T. P. Pulteney, the 
estate was separated from the Johnstone branch, Joseph Fellows relin- 
quishing the agency to Benjamin F. Young, but retaining the agency of 
the Pulteney branch. His powers were fully confirmed by a power of 
Attorney, October, 1862, from Rev. R. T. P. Pulteney and wife to Joseph 
Fellows and Edward Kingsland. On account of the advancud age of Mr. 
Fellows and the large sums of money in his hands belonging to Mr. Pul- 
teney and which were invested in United States bonds and other securities, 
it became desirable to revoke his appointment, which was done by power 
of attorney executed by Rev. R. T. P. Pulteney and Emma his wife, dated 
May 23, 1871, to Edward Kingsland of Geneva, in which the appoiutment 
of Joseph Fellows was revoked and full powers granted to Mr. Kingsland. 
The Rev. R. T. P. Pulteney died the latter part of June, 1874, bequeathing 
his estate to trustees, in trust for the benefit of his wife, and his children 
after her death. A new power of attorney was executed to Mr. Kingsland 
by the trustees, December, 1874, who yet continues in the agency at 
Geneva, N. Y. Although the personal property branch of the Pulteney 
estate was but a minor part of the whole estate, yet after all it was quite 
considerable. It has, however, year by year been reduced until it is now 
comparitively small and in the course of a few years, or as soon as it can 
be done without detriment to the estate or inconvenience to the parties, 
it will be entirely closed up. 



RETURN OF SURVEY. 



CONTENTS OF SUNDRY SURVEYS MADE IN THE YEARS 

1791 AND 1792, IN THE COUNTY OF ONTARIO 

AND STATE OF NEW YORK. 



1st. Contents of a tract of land westward of the Genesee river, begin- 
ning on the west bank of said river at a stakp bearing north twenty-four 
degrees, thirty minutes west, and distant eight links from a white maple 
blazed and having three notches on the sides next the stake, being in a 
parallel of latitude two miles north of Kanawageras village and bounded 
as follows: Eastward by that part of the river which is between the place 
of beginning above mentioned and the river's mouth; Northward by part 
of the south shore of Lake Ontario; North-westward by a line parallel to 
the general course of the river, where the river is the boundary to the 
eastward, and south by a line extending from the river twelve miles west 
on the first mentioned parallel of latitude, excepting certain tracts sold by 
Messrs. Gorham and Phelps, previous to their sale to Robert Morris, Esq., 
viz: the tract marked in a former survey A No. 1. sold to Israel Chapin 
and Samuel Street. The tract marked in a former survey C No. 1, sold to 
Ebenezer Hunt and others, and five equal undivided eighth parts of the 
tract marked in said former survey C No. 2, on the shore of Lake Ontario, 
sold to Smith Jones and others. 

Acres. R. P. 

Contents 114,857 " 2 " 38 

Deduct an arm of Braddoc's Bay 57 " " 37 

114,800 " 2 " 1 
Contents of the township marked in a former 

survey C No. 2 25,156 " 2 " 26 3-4 

Deduct Braddoc's Bay 936 " 2 " 23 

Deduct 4 ponds east of said Bay 1,620 " " 2,556 " 2 " 23 

8)22,600 •' ■' 3 3-4 

28.250 " " 0x3 8,475 " " 

Contents of a tract south of Chapin and Street's Township 399 " 1 " 2 

Total '. 123,674 '• 3 " 3 

The general survey of the above tract was made by Frederick Saxton, 
Adam Hoops, John Adlum and Augustus Porter, and calculated by Fred- 
erick Saxton and Adam Hoops. It did not close, probably from the differ- 
ence of the magnetic variation between the observations, which the obscurity 
of the weather prevented being made so frequently as could have been 
wished on the traverse of the river and lake. The error that might have 
resulted was about thirty-three acres (not more) and probably not near so 
much. It was therefore rejected, being inconsiderable with regard to the 
number of courses and extent of the survey. 

A. The field notes are contained in the enclosure marked No. 1, West Genesee. 

B. 2d, Contexts of sundry townships surveyed by Augustus Porter 

as per his returns "in the enclosure marked No. 2, Augustus 

Porter's return 131,499 " 2 " 29 

Note, the field notes of township No. 12, 7th range are in No. 1, 
West Genesee. 



C. 3d, Contents of sundry townships "surveyed by Frederick Saxton 

as per his general statement in an enclosure marked No. 3, 

Contents, &c 202.956 " 3 " 31 

D. 4th, Contents of sundry townships surveyed by Thomas Davis 

and Robert James as per their field books 722,499 •' " 26 

E. 5th, Contents of sundry tracts between a line formerly run as 

the Massachusetts pre-emption line and the true pre-emption 
line run by Messrs. Armstrong, Ellicott and Saxton as per 

enclosure marked No. 4, Contents, &c 84,89G " 3 " 5 

Note, the offsets were made by Morgan Jones, Augustus Porter and 
Frederick Saxton. 

F. 6th, Contents of township No. 1 : 1st range, eastern boundary, 

part of the line formerly run for the pre-emption line; North 
boundary re-surveyed by Morgan Jones and calculated by 

Adam Hoops and Frederick Saxton 25,288 " 2 " 26 

See Morgan Jones notes in an enclosure marked No. 4. 



Contents of West Genesee 123,674 

Contents of Augustus Porter's survey 131,499 

Contents of Frederick Saxton's survey 202,956 

Contents of Thomas Davis and Robert James survey 722,4?9 

Contexts of sundry tracts bounding on pre-emption line 84,896 

Contents of township No. 1, 1st range 25,288 



3 ' 


' 3 


2 ' 


'29 


3 " 


( 31 


' 


'26 


3 ' 


; 5 


2 •• 


26 



Total 1,290,816 " " 

DEDUCT. 

Frem township No. 6, 4th range, sold to John 

Stone and others 8,720 " " 

From townshiu No. 12, 7th range, sold to Ezel 

Scott..: 900 " " 

From township No. 7, 7th range, sold to S. Kirk- 
land 2,000 "0" 

From the 6th range, sold to E. H. Robbins, Esq. 12,500 " " o 

Mr. Porter, who surveyed township No. 13, 2d 
range, having been misled by the mistake 
of a former survey, included part of No. 
12 of the same range, but having noted 
the north-east corner of No. 12 has fur- 
nished the means of calculating and recti- 
fying the error which is 1,881 " 2 " 30 

From township No. 3, 3d range, 1 lake and part 

of another 245 " " 



26,246 -<2 -30 
Total 1,264,569 " 1 " 10 



The above are the contents of sundry townships and tracts of land in the 
County of Ontario and State of New York, sold by Messrs. Gorham and 
Phelps to the Honorable Robert Morris, Esq. 

The several surveys were made by the persons whose names are herein- 
before mentioned, and their field books and notes, reference being had 
thereto as directed in the margin at A, B, C, D, E, will show the surveys 
of the particular townships and tracts. 

Returned at Philadelphia in the State of Pennsylvania this 4th day of 
February, Anno Domini, 1793. 

The contents being as above written in figures one million, two hundred 
and sixty-four thousand, five hundred and sixty-nine acres, one rood and 
ten perches. 

A true copy. (Signed) A. Hoops, Surveyor. 



10 

Compared with the original 
Philadelphia, 16th Feb., 1793. 

On the back of the foregoing paper is an agreement of which the follow- 
ing is a full copy: 

Robert Morris having by the articles of agreement between him and 
Messrs. Phelps and Gorham of the 18th of November, 1790, agreed to pay 
them for the surplus which the lands they had then conveyed to him should 
be found to contain beyond one million of acres, and it appearing from the 
surveys within specified, that the said surplus doth amcunt to two hundred 
and ninety thousand, eight hundred and sixteen acres, from which the 
(led act ions within specified, amounting to twenty-six thousand, two hun- 
dred and forty-six acres, two roods and 30 perches being made, leaves a 
residue of two hundred and sixty-four thousand, five hundred and sixty- 
nine acres, one rood and ten perches, to which being added three thousand 
acres as the amount finally agreed on, between the parties of a tract on the 
west side of Sodus Bay and not included in the within surveys, the said 
surplus quantity of land to be paid for by the said Robert Morris will be 
two hundred and sixty-seven thousand, five hundred and sixty-nine acres, 
two roods and thirty perches, which at eight pence half-penny Massachu- 
setts currency per acre amounts to nine thousand, four hundred and 
seventy-six pounds, eight shillings, and which said sum of £9,476 " 8 " 0, 
Messrs. Gorham and Phelps do acknowledge to have received from Mr. 
Morris, and the articles of agreement between them have been accordingly 
cancelled by the consent of the parties, and also with the consent of Mr. 
Chas. Williamson to whom Mr. Morris hath since conveyed the lands, and 
who to show his privity to these matters, hath together with the said 
parties hereunto subscribed his name. 

Dated at Philadelphia the 16th day of February, 1793. 

(Signed) . Robt. Morris, Oliver Phelps, 

Chas. Williamson, Nath. Gorham. 



MAP OF THE PHELPS AND GORHAM PURCHASE 



SURVEYS— THE PRE-EMPTION LINES. 



The map printed in this pamphlet was photo-engraved from a copy made 
by Morley B. Turpin, Rochester, N. Y., of a map furnished by Geo. II. 
Harris, of that place. It is an accurate copy of a map made by Judge 
Augustus Porter of the whole of the Phelps and Gorham purchase as re- 
surveyed in 1791-2. 

The writer gratefully acknowledges his obligations to Mr. Turpin for his kindness 
in freely and gratuitously making the fac-simile copy and for the great pains taken by 
him to make the same accurate ami exact. He is also greatly indebted to Mr. Harris 
for freelj furnishing the map in his possession as well as for his many other acts of 
kindness and much valuable historical information. Mr. Harris is the author of "The 
Aboriginal Occupation of the Lower Genesee," and is an enthusiastic, pains-taking and 
ardent investigator of early history, has won for himself an enviable reputation and is 
high authority on the early history of Rochester, the Genesee Valley and surrounding 
country; from his remarkable success in locating the sites of early Indian villages and 



11 



■ LAKE ONTARIO 




12 

in tracing oul the paths or trails that once laced the Genesee valley, lie has been officially 
recognized bj the Seneeas, who have named him Ho-tar-shan-nyooh, meaning " he has 
found t he path " or "the path tinder." 

Colonel Hugh Maxwell having been employed to survey and run the 
territory out into townships, with Oliver Phelps and others arrived at 
Kanadesaga (Geneva) the 2d of June, 1788. Mr. Phelps having obtained 
a cession from the Indians on the 8th of July, at a treaty held at Buffalo 
Creek, on the 25th July Col. Maxwell commenced running out the east 
line, starting at the 82d mile stone on the north line of Pennsylvania. 
Every sixth mile of this line was marked as the corners of townships, each 
mile of every township also noted as to the kind of timber, quality of land, 
whether level or hilly, and the points noted where brooks, creeks and 
streams were crossed and whether they were large enough for mill seats or 
not. With the assistance of the other surveyors, several townships were 
run out in the fall of 1788, and the survey of the whole tract finished in 
17.89. The tract was run out into ranges six miles wide and the ranges 
divided up into townships six miles square, the ranges commencing on the 
east with number one and running west to and including number seven, 
with short ranges at the northwest, on both sides of the Genesee river; 
the townships in each range were numbered from ons at the Pennsylvania 
line to fourteen at Lake Ontario. 

After Robert Morris made the purchase from Phelps and Gorham, he 
employed Major Adam Hoops to cause an accurate survey of the property 
to be made, which work was performed in the years 1791-2, as per the 
" Return of Survey." That part of the territory lying west of the Gene- 
see river had been erroneously surveyed by Col. Maxwell, who run a me- 
ridian or due north line from the point twelve miles west of a point on the 
Genesee river two miles north of " Kanawageras " Indian village, instead 
of "running in a direction northward so as to be twelve miles distant from 
the most westward bounds of the said Genesee river to the shore of Onta- 
rio lake." This as well as other imperfections in the previous hasty sur- 
vey were corrected and will account for the difference between the map of 
Col. Maxwell, which was the first map made and published, and that made 
by Judge Porter from the revised survey, of which the photo-engraving 
in this pamphlet is a perfect copy. The next published map is entitled 
"Map of Ontario and Steuben Counties," and is substantially the same as 
Judge Porter's, but has Seneca lake represented on it in full. Benjamin 
Ellicott was employed to make a new survey of the eastern line of the 
purchase which he completed December 8, 1792, that date being cut on a 
tree at the end of the line at Sodus Bay, at the time the* work was finished. 

Under an act of the legislature passed March 24, 1795, (chap. 33), a de- 
scription and map of the Pre-emption line was procured by Simeon De- 
Witt, the Surveyor General, from Benjamin Ellicott, with, his oatb at- 
tached, certifying that it was an "accurate representation of the eastern 
boundary of Massachusetts as run by himself and others," that the line 
run was in accordance with the act of cession, and that "the said pre-emp- 
tion line was truly performed." Under an act of April 6, 1796, (chap. 47), 
the description and map was duly attested by the Surveyor General and 
deposited in the office of the Secretary of State and the line formally 
adopted. The map contains not only the new line, which is divided off 
into miles, but also the old line with all the points of deviation from the 
true course, with the distances at the different points between the two lines. 



4 chains 


12 


links. 


19 " 


75 


•' 


46 " 


32 


" 


59 " 


20 


n 


69 " 


25 


" 


72 " 


65 


t< 


10 " 






78 " 


25 


(4 


56 " 


50 


i i 


39 " 


68 


i i 


65 " 


64 


" 



13 

The lines both commence at the 82d mile stone on the Pennsylvania line, the old 
line deflecting to the west, and the points indicated are the number of miles from the 
starting point, the distance between the two lines being given after each. 

At 6 miles, distance between, 

« 12 
• « ih « 

" 22^ " (about) 

« 24 

" 26 

" 27 " '• " 1 

" 30 " " << 1 

" *45J •' (about) " "1 

" f49 "' (nearly) " "2 

" 65 " " •' 2 

" 81 " •'< « 2 

The length of the new line being 84 miles, 77 chains and 45 links. 
*This point on the old line is just after crossing the outlet of Keuka or Crooked lake. 
fAt this point the new line enters Seneca lake. These two points show the greatest 
deflection in the old line. 

From the description of the marks furnished by Benjamin Ellicott for 
perpetuating the line, the following is extracted: 

"At the end of 48 miles, 64 chains, 66 links, stands a post on the bank of Seneca 
lake numbered 48M. 64C. 66L. (Note.— The bank is about twenty feet high.) The dis- 
tance from this post to the post, standing at the north end of Seneca lake is 10 miles, 75 
chains and 37 links, and the said post is marked 5931. 69C. 31L." The point of entering 
the lake noted above, is some two or three miles north of Dresden, and where the line 
left the lake at the north end is the present Pre-emption street. The last of the marks 
is recorded as follows: "At the end of 84 miles, 77 chains and 45 links set up a post 
marked 84m. 770. 45L., from which a button wood tree, about 20 inches in diameter, 
marked 84 miles, 77 chains 45 links, 8th December. 1792. bears South 67 degrees East, 
dist. IS links, a beech tree about cue foot in diameter, blazed and marked with five 
notches under the blaze, and 1792 oyer the blaze, bears X. 79 degrees 45 sec. W., dist. 
42 links, and the post standing on the shore of Great Sodus Bay (surrounded with three 
large rocks and many stones), which is adjoining Lake Ontario. There is also several 
other trees blazed and notched that stand contiguous to this post and all the small un- 
derwood cleared away." 

From the "Return of Survey" we learn that there were 84,896 acres of 
land in "The Gore" between the Pre-emption lines. This actually be- 
longed to Charles Williamson, the representative of the Pulteney associ- 
ates. As the State had given titles to different parties for this land, those 
whom Williamson deprived of their lands received compensation lands 
from the state. For 37,788 acres, the titles for which Williamson aban- 
doned, he received from the State, on the 8th of July, 1799, title to 56,682 
acres in Huron, Rose, Wolcott and Butler in Wayne county. 



THE CURRENCY OF EARLY TIMES. 



The act of Congress, April 2, 1 792, establishing the mint, provided, 
" That the money of account of the United States shall be expressed in 
dollars or units, dismes or tenths, cents or hundredths and milles or thou- 
sandths," and " that all accounts in the public offices and all proceedings 
in the courts of the United States shall be kept and had in conformity to 



14 

this regulation." The act also provided that the silver dollar should he of 
the same weight and fineness as the Spanish milled dollar then in common 
use. 

Individual and mercantile transactions, however, for a great many years 
continued to be carried on in pounds, shillings and pence, and as the value 
in dollars of the pound of account became fixed at different rates in the 
several states, in consequence of the depreciation of the earlier currency 
of the American colonies, it is necessary to know what kind of currency is 
mentioned, and the real value of it, in order to know the actual value men- 
tioned in any early transaction or document. Although the pound of ac- 
count was composed of twenty shillings, both in Great Britain and in this 
country, yet the English shilling, worth about 22 cents, was of more in- 
trinsic value than the Spanish shilling, which was of less weight. The 
Spanish silver coins were the principal currency of the country, and it was 
upon the value of these that monied transactions were principally based. 
This currency continued to be largely in use until, under an act of Con- 
gress, their retirement was provided for, and they are now rarely seen. 
The writer is indebted to the courtesy of David M. Stone, editor-in-chief 
of the New York Journal of Commerce, who in response to an inquiry as 
to the date and provisions of this act, kindly responded in "Replies and 
Decisions" of that paper, as follows: 

Reply. — An act of Feb. 21, 1857, provided that ''the pieces commonly known as the 
quarter, eighth and sixteenth of the Spanish pillar dollar, and of the Mexican dollar, 
shall he received at the Treasury of the United States, and its several offices, and at the 
several post offices and land offices, at the rates of valuation following, that is to say, 
the fourth of a dollar, or piece of two reals, at twenty cents; the eighth of a dollar, or 
piece of one real, at ten cents; and the sixteenth of a dollar, or half real, at five cents/' 
The coins, when so received, were not to be paid out, or put in circulation, but were to 
be recoined at the Mint. All former acts authorizing the currency of foreign gold or 
silver coins, and declaring them a legal tender in payment of debts, were repealed. 
The act also provided for the coinage of one-cent pieces, and made it lawful for the space 
of two years, but no longer, to pay out these cents at the Mint for the fractional parts 
of the dollar above named, at their nominal value of twenty-five cents, twelve and a half 
cents and six and a quarter cents respectively. 

The pound sterling of Great Britain being rated at 4s. 6d. to the dollar, 
the conventional rate for sterling exchange was $4.44 4-9 to the pound, 
and this rate or value was maintained for many years. In New England, 
Virginia and Kentucky the dollar was fixed at six shillings in value, hence 
the shilling was worth 16f cents and the pound of those states worth 
$3.33^; in New York and North Carolina the dollar was fixed at eight 
shillings, the shilling worth 12 J cents and the pound worth $2.50; in South 
Carolina and Georgia the dollar was fixed at four shillings eight pence, 
the shilling worth 21 3-7 cents and the pound worth $4.28 4-7; in New 
Jersey, Pennsylvania, Delaware and Maryland the dollar was seven shil- 
lings six pence, the shilling worth 13^ cents and the pound worth $2.66f. 



15 

AN ABSTRACT OF THE PULTENEY TITLE. 



I. Treaty of Cession between New York and Massachusetts, by Commissioners of 
each State, dated at Hartford, 16th December, 1T8G. Recorded in the office of the Sec- 
retary of State, in Book of Miscellaneous Records, M. R., [A] page 38. &c, on the 2nd 
day of February, 1787. 

II. Conveyance to Nathaniel Gorham and Oliver Phelps, by — 1st, Grant of same 
lands to Nathaniel Gorham and Oliver Phelps, by an act of the Legislature of Massa- 
chusetts, April 1, 1788. 2d, An act confirming to Phelps and Gorham a certain portion 
of said lands, passed 21st November, 1788. Recorded in the office of the Secretary of 
State, in Book of Miscellaneous Records, M. R., [A] page 229, &c, 6th of February, 1789. 

III. Deed from Gorham and wife and Phelps and wife to Robert Morris, dated 
November 18, 1790, acknowledged before James M. Hughes and recorded in the office of 
the Secretary of State, in Book M. R., [B] of Miscellaneous Records, page 169, &c, on 
the 24th day of May. 1791. 

IV. Deed from Robert Morris and wife to Charles WiMiamson, dated April 11th, 
1792, acknowledged before James Wilson, II. S. Judge, 20th February, 1795. Recorded 
in the office of the Secretary of State, in Liber of Deeds endorsed M. R., [I] at page 400, 
&c, on the 28th day' of September, 1798. 

V. Deed from Charles Williamson and wife to Sir William Pulteney, dated March 
31, 1801, acknowledged on the same day by Williamson and on the 16th of May, 1801, 
by his wife, before Jacob W. Hallett. Master in Chancery. Recorded in the Secretary 
of State's office, in Liber of Deeds M. R., [M] page 304, &c, on the 21st day of Octo- 
ber, 1801. 

3d Rev. Stat., 2d ed., 225 sec. : Act to enable aliens to purchase and hold Real 

Estate, passed April 2, 1798. 
3d Rev. Stat., 2d ed., 226 sec. • "Act explanatory," passed March 15th, 1819. 

VI. Exemplification from the Court of Chancery of 

ist. The death of Sir William Pulteney, intestate, and the descent cast upon Hen- 
rietta Laura, his only child, and heir at law. 
2d. The death of Henrietta Laura Pulteney, intestate as to her real estate, and 

the descent cast in Sir John Lowther Johnstone, her cousin and heir at law. 
3d. The death of Sir John Lowther Johnstone, in December. 1811, after making 

and publishing in duplicate a last will and testament. 
This done under the act of the Legislature, passed 26th January, 1821, to perpet- 
uate this testimony. 
20 J. R„ 707; 5th Cowan, 331; 7 Wen., 367. 

VII. Exemplification from the Supreme Court of the will of Sir John Lowther 
Johnstone, dated 7th of August, 1811, and proved in the Supreme Court by John Birch 
Dawson, one of the subscribing witnesses, on the 3d January, 1820, and devising his 
lands in America to Ernest Augustus, Charles Herbert Pierpont, David Cathcart and 
Masterton Ure, in trust. &c. 

VIII. Deed and release of trust from Charles Herbert Pierpont to his co-trustees, 
dated 1st March, 1819. Proved before Lord Mayor of London by Isaac Samuel Clam- 
tree, one of the witnesses, on the 25th day of March, 1820. and before Richard Rush, 
Americnn Minister to England, on 18th June, 1823. This was done pursuant to Chap. 
119, Laws of New York, 1816. Recorded in the office of the Secretary of State, in Book 
of Deeds No. 40, page 472, &c, on the 23d day of September, 1823. 

IX. Deed from Ernest Augustus, David Cathcart and Masterton Ure to John Gor- 
don, conveying joint interest in lands and appointing him co-trustee, dated 19th Novem- 
ber, 1827. "Acknowledged 27th and 30th of May, 1834, by Ernest Augustus and David 
Cathcart, before Lord Mayor of London, and by Ure before the Lord Provost and Chief 
Magistrate of Edinburgh, on the 27th day of June, 1834. Recorded in Steuben County 
Clerk's office, in Book A, Miscellaneous Deeds, March 11th, 1836. 

X. Proof of the death of Ernest Augustus on the 18th Nov.. 1851, and of David 
Cathcart on the 26th of April, 1829. By exemplified copy of commission and evidence, 
executed by Robert R. Campbell, United States Consul at London, on the 19th of May, 
1860, with certificate of the Chief Judge of the Court of Appeals. This commission was 
executed pursuant to Chapter 161 of the Laws of New Y~ork, 1860, Session Laws of 1860. 
page 257. 



1G 

XI. Deed from Masterton Ure and John Gordon, dated 1st January, 1851, convey- 
ing all the interest of Gordon in the estates to Craven, Oswald and Esteourt as co-trus- 
cees with Ure. Recorded in Steuben Co. Clerk's office, 12th Nov., 1858, Book of Deeds 
69, at page 49, &c; also, in Ontario County Clerk's office, in Liber 101, at page 148, 
&c,, on the 26th day of November, 1852; also, in Monroe County Clerk's office., in Liber 
105, al page 107, on the 18th day of January, 1853. 

XII. Deed and release of trust from Masterton Ure to Craven, Alexander Oswald 
and Edmund Bucknall Esteourt, dated 4th April, 1859, acknowledged before George M. 
Dallas, U. S. Minister at London, on the 5th day of April, 1859, Recorded in Living- 
ston County Clerk's office, on the 8th day of August, 1859, in Liber 59 of Deeds, at page 
27o; also, in Steuben Co. Clerk's office, Oct. 15th, 1859, in Book 88 of Deeds, at page 
539, &e. ; also, in Monroe County Clerk's office, on the 11th January, 1860, in Liber 155 
of Deeds, at page 160. 

XIII. Power of Attorney from Craven, Alexander Oswald and Edmund Bucknall 
Esteourt to Benjamin P. Young, dated the 14th day of February, 1862. Recorded in 
the Steuben County Clerk's office, in Liber C of Miscellaneous Records, at page 89, on 
the 14th day of April, 1863. 

XIV. Proof of the death of Craven on the 25th day of August, 1866, by exempli- 
fied copy of commission and evidence, executed by F. H. Morse, Consul of the United 
States in the city of London, England, on the 15th day of June, 1867, with certificate of 
Henry E. Davis, Chief Judge of the Court of Appeals, dated 15th July, 1867, This 
commission was executed pursuant to the Laws of the State of New York. 

XV. Deed and release of trust from Alexander Oswald and Edmund Bucknall 
Esteourt to Henry C. Howard, (commonly called Viscount Andover), Geo. C. K. John- 
stone, Henry Chaplin and James R. Farqueharson, dated Nov. 12th, 1867, and recorded 
in the Steuben County Clerk's office, 2d May, 1870, at 10 a. m., Book 128 of Deeds, at 
jjage 188, &c. 

XVI. Power of attorney from Henry C. Howard, (commonly called Viscount And- 
over), George C. K. Johnstone, Henry Chaplin and James R. Farquharson to Benjamin 
F. Young, dated April 11th, 1868, and recorded in the Steuben County Clerk's office, in 
Liber C of Miscellaneous Records, page 455, &c, on the 2d day of May, 1870. 



■■■mgaHuaBHMI 



KANADESAGA 

BY GEO. S. CONOVER, 
GENEVA. ONTARIO COUNTY, X. Y. 

Irman of Board of Supervisors, Seneca Countv, 185G; President of Vi 

neva, 1873-5; 1877-9. 
hor of Early History of Geneva, etc.; Compiler and Editor of Genl Sui 

Indian Expeditioii, 1779," published by Secretary State of New York, 1887. 
.orary Member of Waterloo, N. Y., Library and Historical Society; of the V 

Jersey and of the Livingston County Historical Societies, 
responding Member of Buffalo, Oneida and New York Historical Societies. 



PAET I- 



locations, 
ocaiions. 



(1) A brief account of the Iroquois Indian,: (2) .he Senoo^H.eir early 
Jesuit Missions among. W*rtn>cUon by B»»m lie "■"«■(«> » P w m 7cSk1 <i 

roily; extracts from Sullivan's journals. 



JPJ^ttT II. 



Torris. S"i'le .« (be Pulfcne, associates: (l«> .be »« P^™^ 
id notes of; (11) Charles Williamson, Ins operations; (18) lltleof lilt luiumo 

PABT III. 

(1, Jemima Wilkinson, the Friend's Settlement ; (2) reminiscences of John _H» 
cen,l,n,en»n; (8) Dr : Alex. Goventry """J^ '„ ^ ' ^J 

•ound; (U) a • lllcd &c -> <F-> X i 



e Gore 



LIBRARY OF CONGRESS 



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r i^( 
.GiCj 



LIBRARY OF CONGRESS 



014 223 173 6 



HolUnger 
pH 8.5 

Mill Run PflVZIW 



